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HomeMy WebLinkAbout09-6591IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Dq- &5q, e?iviL L-,ryn vs. COMPLAINT IN CIVIL ACTION ROBERT J KNOWLES Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07562198 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No ROBERT J KNOWLES Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: ROBERT J KNOWLES 22 RICHARD RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0327 . 4. Defendant made use of said credit card and has a current balance due of $2849.12 , as of September 19, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 23.900% per annum on the unpaid balance from September 19, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , ROBERT J KNOWLES , individually , in the amount of $2849.12 with continuing interest thereon at the rate of 23.90016 per annum from September 19, 2009 plus costs. James C WELTMAN 436 Se Pittsb (412) FAX: 1 0756 5 W INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 -7955 338-7130 C N Pit KMJ This law firm is a debt collector atteming to collect this debt for our client and any information obtained will be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$2,006.32 - $0.00 * $41.63 + $78.00 = $2,125.95 $345.00 Nov. 07, 2008 Sep. 14, 2008 - Oct. 13, 2008 Page 1 of 1 Visa Platinum Account 488236260748-0371 Your Account Infomiabion TOTAL CREDIT LINE $1,50000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,500.00 AVAILABLE CREDIT FOR CASH $0.00 REASE PAY AT LEAST THIS M'gUNr Youtre behnd by five payments We ve permanently revoked your charging privileges If you continue to miss payments your account is at risk of being charged off Please can't let this, happen If yoLfre feeling overwhelmed, call us at 1811955 6500 Wei work wdh you to resolve this matter Payments, Credits & Adjustments Transactions 1 08 OCT PAST DUE FEE 8313.00 2 13OCT OVERUMIT FEE OCT 13, 2008 539.00 Linder terms previc isy disclosed b you, some or al of your Annual Percentage Rates (APRs) have been increased since your axaunt was past dine twice in tre past 12 bitting cycles If your rates have already ncreased, subsequent deli quenaes extended the duration of the increased rates Remember If we receive your minimum monthly payment on lame for 12 consecutive bArg cycles, this account will be revewed for a possi ile return to your Nori-Introckxtory APR. Your account has gore war its credit unit. To avoid additional overindt fees, please pay enough to bnrg your balance below your credit limit immediately, and make sure you remain below your credit limit Please be sure to account for any future purchases, fees, and finance charges You were assessed a past due fee because your minimum payment was rot received by the clue date To avoid this fee in the ftduie, we recommend that you allow at least 7 business days for your minimum payment to reach Cepdal One EXHIBIT 1 inane Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases 52,03410 005B221/6 D 249D% S4163 Cash $000 00082216 D 2490% 90.00 ANNUAL PERCENTAGE RATE applied this period: 24.88% p At Your Service - Go b wmxcaoitsbna.can b merge your account, or Cal 1-800a333637 b mport a lost er Auln acrd a speck to Cusbirier Robb" \? 0 Pay Online at www. b&* com or malyor pWmvd to, Capital One Be* (USA), NA • P O Boot T1063. Outntte, NC 26772-1083 A Send Inquiries to: Coital Orw P 0. erne 30285 • Set Lie City, UT 8413D-M ® Have a question about a charge on your sitatennerrtl Please refer to the Biting Rights Summary on the hack of your statement or visit www.Knrtalore.corNdsputes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO NNWVrAP1rAONE.COM TO MAKE YOUR PAYMENT ONLINE 7562198 1 4862362607480327 13 2125950100000345005 Capita Account Number: 4862-3626-0748-0327 Lend a hand Save the land Due Date New Balance Minimum Payment . . Amount Enclosed Manage your account online today- NOV. 07, 2008 $2,125.95 $345.00 it's fast, easy and secure. ID Pay online anytime-no more check,, si.,p, or Butter PtF PAY AT LEAST THIS AMOUNT THI Moving? Change your address online or on the hack 0 Q Help save the planet Go paperless #9028879801486792# © Sign up at vvww capdalone corn ROBERT J KNOWLES 22 RICHARD RD Capital One Bank (USA), N.A. RECHANICSBURG, PA 170513-68.32 P.O. Box 71063 r?IrIIJ?l?lrlllrrl??l?'I???rr?nrlllrlllrlll?ll?llllll'Il?'?'I1l Charlotte, NC 28272-1083 I?Irlln?rr'Ill??"?11'II?I?IIInIJr?rll?rl"1?1111'Illl'?I'??II Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ROBERT J KNOWLES Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Q R FICE OF' THE PRO ji4, orA 2009 OCT -2 PM 12: 56 $,l8.50 P93 Ar%4 Ck? y??8s'1`1 F-I* x31388 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County FILED--C;Fr' ?E ,OF TWE g^nT ,nr;i TARY `?'t 411?qF1j2009 OCT -7 Pry 3: 22 4 Capital One Bank (U.S.A.) N.A. vs. Robert J. Knowles Case Number 2009-6591 SHERIFF'S RETURN OF SERVICE 10/06/2009 06:26 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6, 2009, at 1826 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert J. Knowles, by making known unto Donna Harris, adult in charge, at 22 Richard Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 07, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF i Dp?uht' Sheriff _ s - 110 FEB 22 P,~12~ 5~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff No. 09-6591 CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE ROBERT J KNOWLES Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I . D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07562198 !N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. Civil Action No. 09-6591 CIVIL TERM ROBERT J KNOWLES Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ~- ~z Attorney for ~ int 2718 Kopp rs uilding 436 Seve th enue Pittsbur , P 15219 (412) 4 4-7 55 WWR 7 2198 SWORN TO AND SUBSCRIBED before me this ~ day of ~ , 2010 ~~ TARY UBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila G. Bevan, Notary Public City Of Pittsburgh, Allegheny County MY Commission t_xpires Nov.15, 2010 Member, Pennsylvania Associatlan of Notariss